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Terms of Use

Welcome to MISHAVAIDYA.COM (the “Website”) which is brought to you by MISHA VAIDYA LLC., (referred to in these Terms as “we”, “us”, “our”, and “MISHA VAIDYA”).

This part sets out some terms about information on the Website which includes products (“Products”) and services (“Services”) subject to the terms of use (“Terms”) set forth herein. We hope that your experience on our Website is one that will make you want to return time and time again!

This Website is expressly owned and operated by MISHA VAIDYA. Unless otherwise noted, all design and content, (collectively described as “Content”) featured on the Website, or made available through any MISHA VAIDYA Service, such as text, artwork, graphics, images, logos, photography, service names, blogs, scripts, proprietary audio and video clips, and data compilations, is copyright, trademark, trade dress, and/or intellectual property that is owned, controlled, or licensed by MISHA VAIDYA and is protected by copyright, applicable trade dress, and trademark laws. All worldwide rights, titles, and interests are reserved.

These Terms of use form a legally binding contract between us and you. By accessing the Website, you are indicating your agreement to the Terms. To that effect, when you use any of our Services, you are subject to the policies, and Terms, applicable to that Service. Please take some time to review these Terms for our Services. If you do not or cannot agree to these Terms, please do not use this website. Since the Services that we provide are always evolving, you should also visit our Terms periodically as we may update, change, modify or otherwise alter any of the Services or information on the Website, as well as the Terms at any time. We reserve the right to restrict access or terminate access to the Services at any time.

Any changes will be effective for all new orders once included in the text of these Terms published on the website. Should you have any questions concerning any of our policies, please contact us at info@mishavaidya.com.

INFORMATION ABOUT THE WEBSITE AND PRODUCTS

Purchasing Products Online

You make an offer to purchase a Product from us (your “order”) by completing the staged process on the Website as set out below:

Adding Product to your shopping basket

Enter billing address details

Enter delivery and relevant contact address details

Confirmation of order

Your order only constitutes an offer to purchase goods from us, and does not form a binding contract until accepted by us. On receipt of your order, we will send you an order acknowledgement e-mail to the e-mail address which you provide in the order process.

This order acknowledgement e-mail will contain your order number, details of the goods ordered and a delivery estimate. Note that this e-mail is only an acknowledgement that your order has been received, and is not acceptance by us of any offers to purchase goods.

We accept a variety of payment options, including credit cards, debit cards and PayPal. We must receive full payment of the price of the goods before we can accept any offers. Where you select to pay by credit or debit card we will process the payment at the time of preparing your goods for dispatch.

All orders placed on the weekend will begin processing the following Monday and all orders placed on national holidays will begin processing the following business day.

Product Availability

Please understand that some of our items will be offered in limited quantities and, because of their limited availability, once an item is sold-out, it may not be available again. When an item is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at info@mishavaidya.com.

Competitions and Promotions

We may from time to time run competitions and promotions either on our own behalf, or in collaboration with others. These may be subject to additional rules and conditions which will be made available at the time of such competitions and promotions.

LOCAL TAXES

Delivery charges will be applied based on the delivery address chosen and these will be displayed in the order process. All final prices are, unless otherwise stated, inclusive of any applicable taxes.

Errors

We try to ensure that all information on the Website, including descriptions of our Products, and listed prices, are accurate and correct at all times. Any inaccuracies are wholly unintentional and we do apologize for any errors. In the event of any mistake, we will try to resolve all information errors on the website as soon as reasonably possible. If we think that such an error has affected your purchase of Products, we will try to let you know. However, because we take these steps, we will not be liable to you for any errors on the website and we reserve the right to refuse or cancel any orders that may have been placed for such a Product listed.

You should bear in mind that buying clothing over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:

All sizes and measurements are approximate

All Products are subject to availability – we may not be able to supply your order

Any delivery estimates given on the website or by e-mail are estimates only

LEGAL INFORMATION

You agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall MISHA VAIDYA be liable for any loss or damage of any kind incurred as a result of your use of any Content made available via the Services.

Unless authorized by prior written permission of MISHA VAIDYA, any use of our website and its Content for purposes other than personal and noncommercial and except as specifically provided in these Terms, is strictly prohibited. Except as may be expressly permitted by MISHA VAIDYA, you may not use, reproduce, publish, copy, modify, sell, transmit, distribute, display, license, enter into a database, create derivate works from, reverse engineer, frame, or transfer, any Content obtained from, through or on this Services, in whole or in part. You may, however, download or copy and print any of the pages on the site, for your personal, noncommercial use only.

MISHA VAIDYA’s trademarks and trade dress may not be used in connection with any product or service that is not MISHA VAIDYA’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MISHA VAIDYA. All other trademarks not owned by MISHA VAIDYA that appear in any MISHA VAIDYA Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MISHA VAIDYA.

When you post photographs, reviews or comments to MISHAVAIDYA.com or on any of MISHAVAIDYA.com social media networks, you retain your rights, including copyright and other intellectual property rights, to any content you submit, post or display. You further represent and warrant that you own or otherwise control all rights to any content submitted to MISHAVAIDYA.com or on any of MISHAVAIDYA.com social media networks. You also grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, publish process, adapt, modify, transmit, display, create derivative works from, and distribute such content in any and all media or distribution methods (whether now known or later developed). You agree that no compensation will be payable to you in respect of any of the foregoing uses by us, or other companies, organisations or individuals who partner with us with respect to the content that you submit, post, transmit or otherwise make available to us.

If we become aware that the content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such content without notice to you.

DISCLAIMER

WE DO NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT PROVIDE ANY WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, OR THAT THE CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED.

WITHOUT LIMITING THE FOREGOING, MISHA VAIDYA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES EXPRESS OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION), REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISHA VAIDYA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:

errors, mistakes or inaccuracies of the content, Products, information, Services and materials set forth on or made available through the Services

loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on it, or on any website or application linked to it

inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage

personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISHA VAIDYA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR IN ANY WAY CONNECTED TO:

your access, use of the Services or inability/delay to access or use the Services

the fulfilment of your order including but not limited to the delivery, exchange, return or refund of items you have purchased from us

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, AND CONTENT IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.

YOU ARE RESPONSIBLE, AND ASSUME LIABILITY, FOR ALL CONTENT THAT YOU ADD, OR LINK TO, THE SERVICES. YOU AGREE NOT TO HOLD US RESPONSIBLE FOR THINGS OTHER USERS SAY OR DO THROUGH THE SERVICES.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MISHA VAIDYA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, CLAIMS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENSE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.

MISHA VAIDYA RESERVES THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY SUCH CLAIM OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

GOVERNING LAW AND JURISDICTION

The laws of the State of Florida will govern these disclaimers, limitations of liability, and terms of use. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Miami Dade, Florida, U.S.A., for all disputes arising out of or related to access or use of these Services. Access to or use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including disclaimers and limitation of liability.